The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

1. The defendant asserts that the sentencing of the court below (two years of imprisonment) is too uncomfortable, and the prosecutor is too unfortunate and unfair.

2. The judgment below ex officio held that Article 5-3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act and Article 148 and Article 54(1) of the Road Traffic Act apply to the criminal facts as indicated in the judgment of the court below, and each of the above crimes is punished for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the statutory punishment for the crime of violation of the Act on the Aggravated Punishment, etc

However, since the minimum sentence of the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is five years, even if the sentence is mitigated, the minimum sentence of the punishment is two years and six months.

Since the court below sentenced two years to imprisonment beyond the scope of the punishment, it erred by misapprehending the law, which affected the conclusion of the judgment.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Discied Judgment】 The same as the entries in the relevant column of the lower judgment on criminal facts and evidence.

Application of Statutes

1. Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failing to take measures after the accident);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of punishment and limited imprisonment;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, while driving a cargo while under the influence of alcohol, booms the Central Line and has driven a motor vehicle on the opposite lane.